disputes are governed by a separate statutory and regulatory scheme (RSL) that provides a
complete remedy.
The illegality and mistake of contract claims should be dismissed because plaintiffs assert
only that the leases violated the RSL, and this is not a contract claim.
The class allegations should be dismissed because: (1) the proposed class definition does not
define a class in which membership can be determined prior to the determination on the [*4]merits of any claims; (2) individual issues predominate, and the
named plaintiffs are not typical of the putative class; and (3) a class action will not result in a fair
or efficient adjudication of each plaintiff's claims.
Each of the RSL claims should be dismissed for failure to state a cause of action, want of
subject matter jurisdiction, and under the doctrine of primary jurisdiction. Resolution of
plaintiffs' claims will require an examination of DHCR records and other evidence concerning
the rental and improvement history of between eight and twenty-two apartments to determine the
proper "base rent" for each one. These matters are inherently technical and peculiarly within the
province of DHCR, which can resolve them more efficiently than a court can.
The claims of certain plaintiffs are time-barred: Thomas Pierce and April Townes (apartment
5B at 11 Seaman Avenue); Antonio Vazquez and Jennifer Duprey (4E at 15 Seaman Avenue);
Christopher Ford (3D at 500 West 235th Street); Steven Katchen (4F at 500 West 235th Street);
and Ron Yosipovich (4J at 500 West 235th Street). These plaintiffs purport to challenge only the
propriety of rent increases based on IAIs performed in their apartments more than four years prior
to the filing of the complaint. The limitations period for an overcharge claim runs four years from